SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 20, 2012
CITY OF BUFFALO SCHOOL DISTRICT,
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2011 in a personal injury action.
Jones v City of Buffalo School Dist.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 20, 2012
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.
The order denied the motion of claimant to renew her prior application for leave to serve a late notice of claim.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Claimant appeals from an order denying her motion to renew a prior application for leave to serve a late notice of claim. It is well settled that "[a] motion for leave to renew shall be based upon new facts not offered on the prior [application] that would change the prior determination' . . ., and shall contain reasonable justification for the failure to present such facts on the prior [application]' " (Doe v North Tonawanda Cent. School Dist., 91 AD3d 1283, 1284). Here, "[t]he motion to renew was properly denied [inasmuch as claimant] failed to offer a valid excuse for failing to submit the new material on the original [application]" (Linden v Moskowitz, 294 AD2d 114, 116, lv denied 99 NY2d 505; see Schilling v Malark, 13 AD3d 1153, 1154). Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court
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